DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, anycorrection of the statutory basis for the rejection will not be considered a new ground ofrejection if the prior art relied upon, and the rationale supporting the rejection, would bethe same under either status.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a non-statutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-2, 5, 7-9, 13-15, 18 and 20 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1, 4-6, 8, 11-13 and 18-20 of issued application of Means et al., U.S. Patent No. 12,107,765 B2 (Means’765 hereinafter). Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is covered by the issued patent Means’765.
Regarding claims 1-4, 6-17 and 19-20 the difference between the conflicting claims of the instant application and issued patent, Means’765, are set forth in the discussion below.
Instant Application 18/887,215
Patent 12,107,765 B2
Claim 1. A system comprising: an edge device comprising a processor; and a memory that stores computer-executable instructions that, when executed by the processor, cause the processor to perform operations comprising
receiving, at the edge device, a packet that specifies a destination address,
in response to a determination that the destination address is not included in a prefix list stored at the edge device,
routing, by the edge device, the packet to a gateway device, wherein the gateway device is configured to route the packet in accordance with routing information stored in a complete prefix list that is stored at the gateway device,
detecting, by the edge device, a traffic flow comprising a further packet that specifies the destination address, measuring, by the edge device, a bandwidth associated with the traffic flow,
identifying, by the edge device, a flow bandwidth threshold defined for the edge device, the flow bandwidth threshold comprising a percentage of a total bandwidth of the edge device, and
in response to a determination that the bandwidth associated with the traffic flow does not satisfy the flow bandwidth threshold, omitting, by the edge device, the destination address from the prefix list stored at the edge device.
Claim 2. wherein the computer-executable instructions, when executed by a processor, cause the processor to perform operations further comprising:
in response to detecting a change to the prefix list stored at the edge device, determining if the change to the prefix list stored at the edge device has previously been made; and in response to determining that the change has previously been made to the prefix list stored at the edge device, taking an action to limit a future iteration of the change.
Claim 1. A system comprising: an edge device comprising a processor; and a memory that stores computer-executable instructions that, when executed by the processor, cause the processor to perform operations comprising
receiving, at the edge device, a packet that specifies a destination address,
determining if the destination address is included in a prefix list stored at the edge device,
if a determination is made that the destination address is included in the prefix list stored at the edge device, routing the packet to a destination device associated with the destination address, if a determination is made that the destination address is not included in the prefix list stored at the edge device,
routing the packet to a gateway device, wherein the gateway device is configured to route the packet in accordance with routing information stored in a complete prefix list that is stored at the gateway device,
in response to detecting a change to the prefix list stored at the edge device, determining if the change to the prefix list stored at the edge device has previously been made, and in response to determining that the change has previously been made to the prefix list stored at the edge device, taking an action to limit a future iteration of the change.
Claim 5. wherein the computer-executable instructions, when executed by a processor, cause the processor to perform operations further comprising:
detecting a traffic flow comprising a further packet that specifies the destination address; measuring a bandwidth associated with the traffic flow;
identifying a flow bandwidth threshold defined for the edge device, the flow bandwidth threshold comprising a percentage of a total bandwidth of the edge device; and
in response to a determination that the bandwidth associated with the traffic flow does not satisfy the flow bandwidth threshold, omitting the destination address from the prefix list stored at the edge device.
Claim 5. wherein the bandwidth comprises a count of packets associated with the traffic flow.
Claim 4. wherein the bandwidth comprises a count of packets associated with the traffic flow.
Claim 7. wherein omitting the destination address from the prefix list comprises removing the destination address from the prefix list.
Claim 6. wherein omitting the destination address from the prefix list comprises removing the destination address from the prefix list.
Claim 8. A method comprising: receiving, at an edge device that comprises a processor, a packet that specifies a destination address;
in response to a determination that the destination address is not included in a prefix list stored at the edge device,
routing, by the edge device, the packet to a gateway device, wherein the gateway device is configured to route the packet in accordance with routing information stored in a complete prefix list that is stored at the gateway device;
detecting, by the edge device, a traffic flow comprising a further packet that specifies the destination address; measuring, by the edge device, a bandwidth associated with the traffic flow;
identifying, by the edge device, a flow bandwidth threshold defined for the edge device, the flow bandwidth threshold comprising a percentage of a total bandwidth of the edge device; and
in response to a determination that the bandwidth associated with the traffic flow does not satisfy the flow bandwidth threshold, omitting, by the edge device, the destination address from the prefix list stored at the edge device.
Claim 9. further comprising:
in response to detecting a change to the prefix list stored at the edge device, determining if the change to the prefix list stored at the edge device has previously been made; and in response to determining that the change has previously been made to the prefix list stored at the edge device, taking an action to limit a future iteration of the change.
Claim 8. A method comprising: receiving, at an edge device that comprises a processor, a packet that specifies a destination address;
determining, by the edge device, if the destination address is included in a prefix list that is stored at the edge device; if a determination is made that the destination address is included in the prefix list stored at the edge device, routing, by the edge device, the packet to a destination device associated with the destination address;
if a determination is made that the destination address is not included in the prefix list that is stored at the edge device,
routing, by the edge device, the packet to a gateway device, wherein the gateway device is configured to route the packet in accordance with routing information stored in a complete prefix list that is stored at the gateway device;
in response to detecting a change to the prefix list stored at the edge device, determining if the change to the prefix list stored at the edge device has previously been made; and in response to determining that the change has previously been made to the prefix list stored at the edge device, taking an action to limit a future iteration of the change.
Claim 11. further comprising: detecting a traffic flow comprising a further packet that specifies the destination address;
measuring a bandwidth associated with the traffic flow;
identifying a flow bandwidth threshold defined for the edge device, the flow bandwidth threshold comprising a percentage of a total bandwidth of the edge device; and
in response to a determination that the bandwidth associated with the traffic flow does not satisfy the flow bandwidth threshold, omitting the destination address from the prefix list stored at the edge device.
Claim 13. wherein omitting the destination address from the prefix list comprises removing the destination address from the prefix list.
Claim 12. wherein omitting the destination address from the prefix list comprises removing the destination address from the prefix list.
Claim 14. A computer storage medium comprising: an edge device comprising a processor; and a memory that stores computer-executable instructions that, when executed by the processor, cause the processor to perform operations comprising
receiving, at the edge device, a packet that specifies a destination address;
in response to a determination that the destination address is not included in a prefix list stored at the edge device,
routing, by the edge device, the packet to a gateway device, wherein the gateway device is configured to route the packet in accordance with routing information stored in a complete prefix list that is stored at the gateway device;
detecting, by the edge device, a traffic flow comprising a further packet that specifies the destination address; measuring, by the edge device, a bandwidth associated with the traffic flow;
identifying, by the edge device, a flow bandwidth threshold defined for the edge device, the flow bandwidth threshold comprising a percentage of a total bandwidth of the edge device;
and in response to a determination that the bandwidth associated with the traffic flow does not satisfy the flow bandwidth threshold, omitting, by the edge device, the destination address from the prefix list stored at the edge device.
Claim 15. wherein the computer-executable instructions, when executed by a processor, cause the processor to perform operations further comprising:
in response to detecting a change to the prefix list stored at the edge device, determining if the change to the prefix list stored at the edge device has previously been made; and in response to determining that the change has previously been made to the prefix list stored at the edge device, taking an action to limit a future iteration of the change.
Claim 13. A computer storage medium having computer-executable instructions stored thereon that, when executed by a processor, cause the processor to perform operations comprising:
receiving, at an edge device, a packet that specifies a destination address;
determining if the destination address is included in a prefix list stored at the edge device; if a determination is made that the destination address is included in the prefix list stored at the edge device, routing the packet to a destination device associated with the destination address; if a determination is made that the destination address is not included in the prefix list stored at the edge device,
routing the packet to a gateway device, wherein the gateway device is configured to route the packet in accordance with routing information stored in a complete prefix list that is stored at the gateway device;
in response to detecting a change to the prefix list stored at the edge device, determining if the change to the prefix list has previously been made; and in response to determining that the change has previously been made to the prefix list stored at the edge device, taking an action to limit a future iteration of the change.
Claim 18. wherein the computer-executable instructions, when executed by a processor, cause the processor to perform operations further comprising: detecting a traffic flow comprising a further packet that specifies the destination address; measuring a bandwidth associated with the traffic flow;
identifying a flow bandwidth threshold defined for the edge device, the flow bandwidth threshold comprising a percentage of a total bandwidth of the edge device;
and in response to a determination that the bandwidth associated with the traffic flow does not satisfy the flow bandwidth threshold, omitting the destination address from the prefix list stored at the edge device.
Claim 18. wherein the bandwidth comprises a count of packets associated with the traffic flow.
Claim 20. wherein the bandwidth comprises a count of packets associated with the traffic flow.
Claim 20. wherein omitting the destination address from the prefix list comprises removing the destination address from the prefix list.
Claim 19. wherein omitting the destination address from the prefix list comprises removing the destination address from the prefix list.
Means’765 discloses a method, apparatus and system for managing prefix lists at edge devices of the network.
Regarding claim 1, Means’765 discloses a system comprising: an edge device comprising a processor; and a memory that stores computer-executable instructions that, when executed by the processor, cause the processor to perform operations comprising receiving, at the edge device, a packet that specifies a destination address, in response to a determination that the destination address is not included in a prefix list stored at the edge device, routing, by the edge device, the packet to a gateway device, wherein the gateway device is configured to route the packet in accordance with routing information stored in a complete prefix list that is stored at the gateway device, detecting, by the edge device, a traffic flow comprising a further packet that specifies the destination address, measuring, by the edge device, a bandwidth associated with the traffic flow, identifying, by the edge device, a flow bandwidth threshold defined for the edge device, the flow bandwidth threshold comprising a percentage of a total bandwidth of the edge device, and in response to a determination that the bandwidth associated with the traffic flow does not satisfy the flow bandwidth threshold, omitting, by the edge device, the destination address from the prefix list stored at the edge device (see Means’765, claims 1 and 5).
Regarding claim 5, Means’765 discloses wherein the bandwidth comprises a count of packets associated with the traffic flow (see Means’765, claim 4).
Regarding claim 7, Means’765 discloses wherein omitting the destination address from the prefix list comprises removing the destination address from the prefix list (see Means’765, claim 6).
Regarding claim 8, Means’765, discloses a method comprising: receiving, at an edge device that comprises a processor, a packet that specifies a destination address; in response to a determination that the destination address is not included in a prefix list stored at the edge device, routing, by the edge device, the packet to a gateway device, wherein the gateway device is configured to route the packet in accordance with routing information stored in a complete prefix list that is stored at the gateway device; detecting, by the edge device, a traffic flow comprising a further packet that specifies the destination address; measuring, by the edge device, a bandwidth associated with the traffic flow; identifying, by the edge device, a flow bandwidth threshold defined for the edge device, the flow bandwidth threshold comprising a percentage of a total bandwidth of the edge device; and in response to a determination that the bandwidth associated with the traffic flow does not satisfy the flow bandwidth threshold, omitting, by the edge device, the destination address from the prefix list stored at the edge device (see Means’765, claims 8 and 11).
Regarding claim 13, Means’765 discloses wherein omitting the destination address from the prefix list comprises removing the destination address from the prefix list (see Means’765, claim 12).
Regarding claim 14, Means’765 discloses a computer storage medium comprising: an edge device comprising a processor; and a memory that stores computer-executable instructions that, when executed by the processor, cause the processor to perform operations comprising receiving, at the edge device, a packet that specifies a destination address; in response to a determination that the destination address is not included in a prefix list stored at the edge device, routing, by the edge device, the packet to a gateway device, wherein the gateway device is configured to route the packet in accordance with routing information stored in a complete prefix list that is stored at the gateway device; detecting, by the edge device, a traffic flow comprising a further packet that specifies the destination address; measuring, by the edge device, a bandwidth associated with the traffic flow; identifying, by the edge device, a flow bandwidth threshold defined for the edge device, the flow bandwidth threshold comprising a percentage of a total bandwidth of the edge device; and in response to a determination that the bandwidth associated with the traffic flow does not satisfy the flow bandwidth threshold, omitting, by the edge device, the destination address from the prefix list stored at the edge device (see Means’765, claims 13 and 18).
Regarding claim 18, Means’765 discloses wherein the bandwidth comprises a count of packets associated with the traffic flow (see Means’765, claim 20).
Regarding claim 18, Means’765 discloses wherein omitting the destination address from the prefix list comprises removing the destination address from the prefix list (see Means’765, claim 19).
Examiner’s Comments
The examiner quotes a closet prior arts McCanne et al. (US 8681614 B1) which is relevant to the applicant’s disclosure. The prior art teaches of controlling or maintaining of the quality-of-service of incoming network traffic flows, at an edge network device, by limiting the bandwidth of incoming network traffic flows to less than the maximum bandwidth of the incoming WAN connection. If the selected network packet is not a phantom packet forwards the selected network packet towards its destination, removes the selected packet from the queue associated with the network traffic class (see col 3, ln 40-44, col 10, ln 21-25). However, McCanne et al. fail to teach that if the traffic flow does not satisfy the flow bandwidth threshold, the edge device omits the destination address from the prefix list stored at the edge device
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. McCanne et al. (US 8681614 B1).
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/SYED M BOKHARI/ Examiner, Art Unit 2473
9/28/2026
/KWANG B YAO/Supervisory Patent Examiner, Art Unit 2473
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